16. Advertising issues

General

Advertising issues are primarily governed by the Advertising Law. The liability for violations of advertising regulations is established by the Code on Administrative Offences.
The Federal Antimonopoly Service (the “FAS”) controls and enforces compliance with advertising legislation.
Advertising activities in Russia are subject to extensive regulatory oversight, especially in respect of online advertising. The authorities aim to ensure transparency and traceability of digital advertising through various instruments, including mandatory identification and reporting requirements.

Scope of application of the Advertising Law

The Advertising Law:
· Establishes the basic rules and principles of advertising;
· Stipulates requirements to advertisers and advertisement distributors;
· Established the rules on advertising of specific goods¹ and specific types of advertising (e.g. outdoor, online, etc.);
· Empowers the FAS to monitor general compliance with the Advertising Law; and
· Empowers the Federal Service for Supervision of Communications, Information Technology and Mass Media (the “Roskomnadzor”) to oversee compliance with specific online advertising requirements.
The Advertising Law applies to any information in any form when it is directed at an indefinite range of persons and is aimed at promoting an advertised item.

¹ Below the use of the word “goods” includes “services and works”.

Violations of the Advertising Law

General requirements
Advertising must be fair and accurate.
Misleading and unfair advertising is prohibited.
Misleading advertising
Advertising will be deemed misleading by the FAS if it contains untrue statements on advertised products, including on:
· A comparison of their advantages over those of competitors;
· Their characteristics, including their nature, composition, method and date of manufacture, purpose and consumer features;
· Their price and other conditions of purchase;
· Official or public recognition of products, including reference to any medals, prizes, diplomas or other awards;
· Their endorsement by individuals or legal entities;
· The results of research and testing; or
· Additional rights or advantages that purchasers will obtain if they buy the advertised product.
Comparisons with competitors
Comparisons with competitors are generally allowed provided they are not unfair or misleading.
The advertiser is equally liable for the accuracy of information relating to its goods and goods of its competitors referenced in the advertisement.
Comparisons based on disparate criteria or incomplete comparisons are prohibited, as they may distort the overall impression of the advertised goods.
The advertising must not damage the business reputation of a competitor.
The statements “No. 1”, “best”, “first” must be supported the criterion used for comparison and substantiated by evidence (e.g. market research studies, surveys).
Lack of essential information
Advertising must not omit any essential information on advertised goods (including conditions for their purchase or use) if such omission would mislead consumers.
As a general rule, all the essential information should be described in the key message of the advertisement; however, disclaimers and footnotes are permissible. A disclaimer must be clearly readable (e.g. font size, contrast, etc.).
Ethical aspects
Advertising must neither be offensive (on the grounds of gender, nationality, race, social category, age, language, cultural values, etc.). nor use swear words or obscene and abusive images.
Consent
Advertisers must not send spam emails, SMS messages and other digital advertising messages to consumers without their consent.
Language
It is forbidden to use words or expressions in a language other than Russian without a translation or transliteration in the advertisement. The only exception is for the use of trademarks and foreign companies’ names.
Surrogate advertising
Surrogate advertising is prohibited. This is a form of advertising used to promote goods which cannot be advertised by law under the guise of other goods.
Unfair competition
Advertising being unfair competition in terms of antitrust laws is prohibited.
Use of the image of a doctor
It is forbidden to use images of doctors and pharmacists in advertising unless the advertising is distributed (i) among doctors and pharmacists only; (ii) at medical or pharmaceutical exhibitions, conferences or other similar events; or (iii) in print media intended for doctors and pharmacists.

Special provisions

Prohibited goods in Russia
The following must not be advertised:
· Goods that it is forbidden to manufacture or sell;
· Narcotics and psychotropic substances (including the plants and parts used in the manufacture of such substances);
· Explosive compounds and materials, except for pyrotechnic products;
· Body organs or human tissue as an object for sale or purchase;
· Unregistered goods that are subject to state registration;
· Goods that have not obtained any mandatory certification or confirmation of compliance with technical regulations;
· Goods that have not obtained any necessary licence or other special permission for their manufacture or sale;
· Tobacco, tobacco products and smoking accessories, including pipes, hookahs, cigarette paper and lighters;
· Medical services for abortions;
· Drafting services for graduation theses or other qualification works required to pass educational exams;
· Resources of persons who have been officially recognised as foreign agents;
· Foreign services and entities that have been prohibited by Roskomnadzor from being advertised due to the violation of Russian laws;
· Digital currency and certain digital financial assets.
Protection of minors
Advertising must not:
· Discredit parents and teachers;
· Undermine confidence in minors;
· Incite minors to persuade parents or other persons to purchase the advertised goods;
· Create a false impression that the advertised goods are available to a family with any level of income;
· Create the impression among minors that having the advertised goods would accord them a preferable position in relation to their peers;
· Induce an inferiority complex in minors who do not have the advertised goods;
· Portray minors in dangerous situations, that may encourage them to commit acts that pose a threat to their life or health;
· Underestimate the level of skills necessary to use the advertised goods; or
· Give rise to an inferiority complex in minors associated with their physical appearance.
Advertising of certain goods (e.g. alcohol, medicines, gambling) must not be directed at minors.
Distance selling of goods
Advertisements of goods sold remotely must contain information in relation to the seller, including its name, registration number and registered address.
Promotional competitions
Advertising of any promotional competition must include:
· The date(s) of the competition; and
· Information on the competition’s organiser, its rules, the number of prizes or winnings, its location, its timing and how any prize can be obtained.
Sponsorship advertising
Sponsorship advertising must disclose the name of the sponsor.
Sponsorship in television programmes must not exceed 20% of broadcasting time per hour and 15% of broadcasting time per day.
Alcohol
Advertisements of alcoholic beverages must not:
· Contain a statement that consuming alcoholic beverages is important to achieve public recognition, professional, athletic or personal success, or to help improve physical or emotional state;
· Criticise abstention from alcohol;
· State that alcohol is safe or helpful for health;
· Represent alcohol as a way to satisfy thirst;
· Be directed at minors; or
· Use images of humans or animals, including animated ones.
Advertisements of alcohol must not be published:
· In media (exept for beer and beer-based beverages and Russian-produced wine, which can be advertised in the press except on the first or last pages, or on covers);
· In print media, audio and video broadcasts or recordings intended for minors;
· On television or radio (except for (i) sport events broadcasting under specific conditions; and (ii) Russian-produced wine);
· On transport vehicles;
· In or near educational, medical or certain other institutions such as libraries, theatres and concert halls; or
· Online.
Promotional campaigns related to alcohol may only be held in certain authorised places (e.g. liquor store).
Permitted alcohol advertising must be accompanied by a warning about the dangers of excessive consumption. Such a warning must take at least 10% of the advertising space.
Medicines and medical services
Advertisements of medicines and medical services² must not:
· Be directed at minors;
· Refer to specific cases of persons being cured, or the improvement of health, as a result of the use of the advertised medicines;
· Contain an expression of gratitude by individuals pertaining to use of the advertised medicines;
· Give the impression that the advertised medicines have advantages by referring to the completion of studies required for the state registration (e.g. clinical trials);
· Contain assumptions that a consumer of advertisement has certain diseases or health disorders;
· Create an impression that healthy persons need to use the advertised medicines;
· Create an impression that visit a doctor is not necessary;
· Guarantee that the advertised medicines have a positive effect, are safe, effective and have no side effects;
· Present the advertised medicines as biologically active dietary supplements and food supplements or other non-medicinal products; or
· Contain statements that the safety or effectiveness of the advertised medicines is guaranteed because they are natural.
Advertisements of medicines and medical services must also contain the disclaimer:
“There are contraindications. Please read the instruction or consult a specialist”.
In 2018, the FAS and the Russian pharmaceutical industry approved the Recommendations on Advertising of Over-the-Counter Medicines. The Recommendations clarify the application of the Advertising Law to pharmaceutical advertising and provide examples of wording and techniques that may be used in promotion materials.
Most of pharmaceutical companies have adopted the Recommendations and use them in everyday activities.
Biologically active dietary supplements and food supplements
Advertisements of biologically active dietary supplements and food supplements must not:
· Give the impression that the advertised goods are medicines and have medicinal features;
· Contain references to specific cases of persons being cured or experiencing an improvement in health;
· Contain an expression of gratitude by individuals;
· Suggest that such supplements are a substitute for a healthy diet;
· Give the impression that using these goods is beneficial by referring to the fact that research which is compulsory for the state registration of the advertised supplements has been completed, or by using the results of another research as a direct recommendation to consume supplements.
Advertisements of food supplements must contain the disclaimer:
“A food supplement is not a medicine”.
Gambling
Gambling advertisements must not:
· Be directed at minors;
· Create an impression that gambling is a way of generating earnings or other income;
· Contain statements that overestimate the chance of winning or underestimate the risk of losing;
· Have any reference to winners who did not receive an award;
· Contain statements that gambling is important to achieve public recognition, professional, athletic or personal success;
· Criticise non-participation in gambling;
· Give the impression of guaranteed wins; or
· Use images of humans or animals.
Gambling advertisements must state:
· The prize drawing timeframes; and
· Information on the organiser, as well as on the rules, prizes, location and how prizes can be obtained.
Gambling advertisements may only be distributed in particular sources (e.g. in the media and on websites specialising in sports).
As of 1 September 2026, gambling advertisements must include a disclaimer stating that participation in gambling may lead to addiction. Specific requirements apply to the size and duration of such disclaimers depending on the advertising channel.
Financial services and products
Advertisements of banking, insurance and other financial services and financial products must contain the name of the company or individual providing such services or products.
An advertisement must not:
· Contain any guarantees or promises of future profitability;
· Omit conditions for the provision of the relevant services that would affect the amount of income received, or the expenses incurred, by those using the services.
Advertisements related to the provision of a loan must disclose all conditions pertaining to the use and repayment of the loan so that the total cost of the loan is determinable.
The Advertising Law sets forth specific provisions on the disclosure of information in advertisements related to securities, real estate investments and other financial services.

² Below the use of the word “medicine” includes “medical services”.

Requirements for digital advertising

Since 2022, digital advertising targeting a Russian audience has been subject to extensive legislative reform introducing mandatory identification of digital ads and reporting on them.
Labelling requirements
All digital advertisements must be clearly and visibly marked to ensure transparency for consumers.
To comply with this requirement, a unique advertising identifier must be obtained through an accredited Advertising Data Operator (the “ORD”) and assigned to the relevant advertisement prior to its dissemination.
Accordingly, advertising materials must contain the unique identifier provided by the ORD, the label “advertisement”, and information identifying the advertiser.
Reporting requirements
The legislation requires companies to submit information about disseminated digital advertisements to the Unified Internet Advertising Register (the “ERIR”).
The reports submitted to the ERIR include information on the advertiser, the advertising distributor, their contractual arrangements, information about dissemination (where, when, etc.) of advertisement and some performance metrics of the advertising campaign.
The obligation to report to the ERIR applies to all participants involved in the distribution of the respective digital advertisement, including advertisers, advertising distributors, intermediaries between them, etc. The allocation of reporting duties between these entities depends on their contractual relations.
Digital advertising levy
Russian legislation provides for a mandatory levy equal to 3% of quarterly income derived from the provision of services for the distribution of digital advertising in Russia.
The obligation generally applies to advertising distributors and certain intermediaries receiving income from the distribution of digital advertising targeting a Russian audience. The allocation of obligations to pay the levy depends on the structure of relations between advertising distribution participants.
If an advertiser directly engages foreign counterparties for the distribution of digital advertisements, it is responsible for the calculation and withholding of the levy.
The levy is administered based on data submitted to the ERIR and is closely linked to the reports to the ERIR that are mentioned above.
Advertising on foreign resources
Foreign online platforms are under increased regulatory pressure in Russia. As of 1 September 2025, advertising is prohibited on resources of organisations whose activities are qualified in Russia as undesirable or extremist, as well as on other resources subject to restrictions under Russian laws.
As of today, the exact list of resources subject to this prohibition is unclear, so a significant legal uncertainty remains regarding the distribution of digital ads on major online platforms of Western big-tech companies.